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(영문) 서울남부지방법원 2017.07.14 2017고단2110
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

1. In September 2015, the Defendant, at around 01:00, laid off the victim D (Gam, n, 31 years old) and clothes that had been known only at the age club in the Guro-gu Seoul Metropolitan Government, Guro-gu, and took a 20-minute image on the part of the victim’s cremation in the absence of a spirit of drinking, while the Defendant was off from all the victim D (Gam, n, c, 31 years old) and her clothes, while having sexual intercourses with the victim, the Defendant, who was unaware of the victim, set up a three-minute mobile phone juth of the Defendant at the victim’s cremation, and had a place of sexual intercourse against the victim’s will.

2. On October 29, 2015, at around 23:42 on October 29, 2015, the Defendant displayed images of a sexually related video taken against the victim’s will to the F bulletin board of “E,” which is an Internet site, openly displayed the pictures.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the statutes governing posted materials;

1. Article 14(1) (a) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Aggravated Punishment, Etc. of Specific Crimes, Article 14 of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence Aggravated Punishment, Etc. (a photographer using a camera, choice of imprisonment), Article 14(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Violence

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant need to strictly punish the Defendant when considering the following: (a) the instant crime committed by the Defendant, which caused the victim to feel sexual humiliation that it is difficult to repair the victim; (b) the Defendant was unable to receive a letter from the injured party; and (c) did not take measures to recover the damage.

However, all of the crimes of this case committed by the defendant, against the mistake, the defendant's face is not revealed, so there is little possibility of confirming the identity of the victim because the defendant's face is not revealed, the primary offender is the age, sex, environment, and others.

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